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The post below was published on Thursday, December 23rd, 2010 at 10:09 AM.

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Fourth District: Rehearing Defined

“Don’t reargue the case.” So goes the oft-espoused appellate wisdom when it comes to losing parties filing motions for rehearing. “Argue what the court overlooked.”

But rearguing the case sometimes works.

Back in June, the Fourth District released this opinion, which, over a dissent, reversed a substantial jury verdict based on a trial court’s decision to exclude from evidence various experiments and demonstrations that supported an expert’s opinions. The district court ordered a new trial.

The appellee moved for rehearing, and last week the court granted that motion, withdrawing its earlier opinion and substituting this new one that unanimously affirms the judgment.

That is a two-judge swing.

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